Legal Era Nov 2017 | Page 85

Highlights BHARTI AIRTEL ACQUIRES TATA’S CONSUMER TELECOM BUSINESS “The merger is on a debt-free and cash-free basis,” said the companies. In effect, Bharti will get the Tata consumer mobile business virtually for free. However, Airtel will have to assume a portion of Tata’s unpaid spectrum payment liability, which is estimated to be `2,000 crore, but has to be paid on a prolonged basis. The Tata Group quit the highly-competitive mobile telecom sector after nearly 15 years, merging its loss-making mobile business, consisting of Tata Teleservices Ltd and Tata Teleservices Maharashtra Ltd, with Bharti Airtel. As a part of the deal, the Tatas who are burdened with a debt of over `40,000 crore, will clear liabilities and dues. Following in the footsteps of Vodafone and Idea - the second and third largest telecom companies, respectively, – it agrees to merge to become No. 1 with a combined subscriber base of over 400 million, overtaking Airtel. In the last 5 years, this is the 7th acquisition for Airtel and will gain access to around 180 MHz of spectrum spread across 850 MHz, 1800 MHz, and 2100 MHz bands. Importantly, it will add Tata’s nearly 40 million mobile subscribers to its own base of 280 million customers, taking it comfortably past the 300-million mark. “We believe today’s agreement is the best and most optimal solution for the Tata Group and its stakeholders. Finding the right home for our longstanding customers and our employees has been the priority for us,” Tata Sons chairman N Chandrasekaran said. “We have evaluated multiple options and are pleased to have this agreement with Bharti.” Bharti Airtel chairman Sunil Mittal said. “On completion, the proposed acquisition will undergo seamless integration, both on the customer as well as the network side, and further strengthen our market position in several key circles,” he said, summing that addition of Tata’s spectrum makes “an attractive business proposition.” It is believed that the deal states the beginning of a bond between the two corporates which could stretch and heighten businesses such as DTH, enterprise and undersea cable. The joint statement from the companies made a reference to this, “Tata and Airtel will work together to further explore other areas of cooperation, that will be value added for both groups.” GOVERNMENT TO SELL 51% STAKE IN PAWAN HANS On October 13, bids from private companies, including foreign ones, were invited by the government, to buy out its entire 51 percent stake along with management control in helicopter service operator, Pawan Hans Ltd. The Miniratna PSU is under the administrative control of the civil aviation ministry and the remaining 49 percent stake is held by oil behemoth, ONGC. The government asked private players to submit the bids by December 8, in a global invitation for expression of interest. “The government proposes to disinvest its entire equity shareholding of 51 percent in Pawan Hans Ltd by way of strategic disinvestment to investors, along with transfer of management control,” it said while inviting bids. The Department of Investment and Public Assets Management (DIPAM) has already lined up a horde of PSUs for strategic disinvestment. While expression of interest (EoI) from bidders was asked for four PSUs on October 12, the same for Pawan Hans was issued on October 13. Of the lot in question, the government plans to sell its entire stake in Hospital Service Consultancy Corporation (HSCC), Engineering Projects (India) Ltd (EPI) and National Projects Construction Corporation (NPCC) to a similarly-placed CPSE. Besides, Bridge and Roof Co will be sold to a private player. The government plans to raise `15,000 crore via strategic sales in the current fiscal out of its total disinvestment target of `72,509 crore. www . legaleraonline . com | L egal E ra | N ovember 2017 85